Being stopped by law enforcement after you’ve been drinking can be a harrowing experience. DUI, or driving under the influence, is a serious offense in all fifty U.S. States, and you will not get off easily, even if it’s the first time you’ve been arrested for any crime. It can also cost you potentially tens of thousands in legal fees and fines if the charges are bad enough, such as aggravated DUI.

One thing is for certain: if you do happen to get arrested for a DUI, you need to hire the best attorney possible to fight for your rights in a court of law. The professionals at the Law Office of Aaron M. Black, Arizona DUI lawyers, say you need to hire a lawyer who specializes in drunk driving since, depending on the circumstances of your particular case, the legal professional can represent you in a courtroom without your presence.

When appropriate, an attorney will act on your behalf in a court of law, which will allow you to continue to show up at work and earn a much-needed paycheck. You will also sleep better at night, confident that you have a powerhouse attorney on your side who is well aware of the ins and outs of the legal system. If all works out the way it should, your charges could be greatly reduced or tossed out altogether.

But what happens if you are charged with an aggravated DUI? What does this type of legal charge mean for you? According to a recent report by Forbes, diving under the influence of drugs, alcohol, or both is considered a very serious offense. It carries equally severe legal consequences even if you’re a first-time offender.

In many situations, aggravating issues in a DUI case can result in the guilty driver facing enhanced criminal charges plus an increase in sentencing. In some cases, the driver might even face more serious charges than a simple DUI.

Defining Aggravated DUI

In every U.S. state, it’s illegal to operate a vehicle with a blood alcohol content (BAC) level of more than 0.08 percent or higher (0.06 in Utah). If you’re caught driving with this level of BAC, it is considered a serious crime. However, adding an aggravated assault to that will make legal matters all the worse.

An aggravated DUI occurs when a driver is stopped by law enforcement and charged with a DUI for driving under the influence of drugs or alcohol but is also found to have committed other offenses. The added charges are defined by “aggravating influences” that have occurred at or around the time of the incident, which will result in a much more serious charge.

Even though DUI is considered by law enforcement to be a serious offense, it’s not unusual for a first-time offender to get off with only a misdemeanor. However, if aggravated factors are involved, this will increase the DUI charge from a misdemeanor to a felony. It can also lead to jail time, even for a first-time offender.

Aggravating Influences that Will Lead to Aggravated DUI

Here are just some legal reasons why a simple DUI charge might be increased to an aggravated DUI charge:
–Driving with a license that’s been restricted, revoked, or suspended.
–Multiple DUI charges that have occurred within a specific period of time (the time varies from state to state).
–Drunk driving while transporting minors.
–Driving under the influence while carrying an unlicensed firearm.
–Driving under the influence while discharging a firearm.
All of these issues will automatically increase the severity of your DUI case, regardless of whether you are a first-time offender or not. Jail time could very well ensue depending on the judge who is presiding over the court.

Mitigating and Aggravating Factors Affecting DUI Charges

Says Forbes, the specific circumstances that surround every DUI case will usually vary. So will any mitigating or aggravating factors that can directly affect the severity of the initial DUI offense.

Aggravating Factors Added to DUI

Aggravating factors will increase the severity of the initial crime along with the penalties associated with DUI. The factors will likely include being charged with a DUI along with the following:
–Possessing an extreme BAC.
–Driving with a revoked, restricted, or suspended driver’s license.
–Having a minor as a passenger constitutes child endangerment.
–Causing a serious accident or committing a hit-and-run that results in the injury or even death of an innocent passenger or bystander.
–Operating a commercial vehicle that requires a commercial driver’s license (CDL) while drunk or high behind the wheel.
–A refusal to comply with a standard chemical test for urine, blood, or breath when requested by law enforcement.
–Resisting arrest.
–Being charged with a DUI if you’re under 21 years of age.
–Having been convicted of multiple drunk driving-related offenses within a specific period of time as determined by the U.S. state where the offenses occurred.

Mitigating Factors Taken into Account with a DUI

Mitigating factors might not help the offender in receiving a lesser penalty for a charge of DUI, but they could make a judge more open to allowing the defendant to plead the penalty down to a lesser charge, such as failure to come to a full stop at a stop sign or reckless driving. In these cases, a driver initially charged with DUI will more than likely receive probation rather than jail time.

Mitigating factors in a DUI case can include the following:

–A relatively low blood-alcohol content or BAC.
–Possessing a clean driving record and having no prior criaaaaaminal history or jail time.
–Volunteering to seek out clinical treatment for substance abuse, including alcohol and drugs (illegal and prescribed)
–Assuming complete responsibility for the DUI incident along awith any potential aggravating factors.

If you are charged with a DUI, a reputable DUI attorney who knows his or her way around the court system will advocate on your behalf for a lesser sentence. They will also protect your legal rights throughout the duration of the litigation process.

In some cases, you won’t be required to show up in court while your lawyer fights the legal system on your behalf. This will allow you to maintain your work schedule, which is important since you will be facing mounting legal bills.

But the best defense against DUI is not to drink and drive in the first place. Full stop.